IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA REGULAR FIRST APPEAL NO.1852/2016(INJ) BETWEEN:
SMT. DR. R. PREMAKUMARI, W/O SRI H. N. DINESH ARADHYA, AT PRESENT AGED ABOUT 35 YEARS, R/AT NO.11/10 (2/11) “SRI VINAYAKA” GROUND FLOOR, NEAR BALAJI NURSERY, LALBAGH SIDDAPURA, JAYANAGAR 1ST BLOCK, BANGALORE 560011.
... APPELLANT (BY SRI N. V. MANJUNATH, ADVOCATE) AND:
1. SMT. B. MAHESHWARI, W/O SRI H. S. NANJUNDA ARADHYA, AT PRESENT AGED ABOUT 71 YEARS, R/AT NO.11/10(2/11) “SRI VINAYAKA” FIRST FLOOR, NEAR BALAJI NURSERY, LALBAGH SIDDAPURA, JAYANAGAR 1ST BLOCK, BANGALORE-560011.
2. SRI H. N. DANESH ARADHYA, S/O H. S. NANJUNDA ARADHYA, AT PRESENT AGED ABOUT 40 YEARS, R/AT NO.252/2, 3RD CROSS, GANESH SAW MILL ROAD, T. DASARAHALLI, BANGALORE 560057.
... RESPONDENTS (BY SRI S. G. BHAGAVAN, ADVOCATE FOR R1; SRI K. SATHISH, ADVOCATE FOR R2) **** THIS RFA IS FILED UNDER SECTION 96 OF READ WITH UNDER ORDER 41 RULE 1 AND 2 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:25.08.2016 PASSED IN OS.NO.9387/2013 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION.
THIS RFA COMING UP FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING.
J U D G M E N T The 1st defendant filed the present Regular First Appeal against the Judgment & Decree dated 25th August 2016 made in O.S. No.9387/2013 decreeing the suit for Mandatory Injunction and Permanent Injunction and directing the defendant no.1 to vacate and hand over vacant possession of the ‘B’ schedule property to the plaintiff within a period of three months from the date of the decree, failing which the plaintiff is entitled to take vacant delivery of possession of suit ‘B’ property by taking recourse to law.
2. Earlier, when the matter was posted on several occasions, it was adjourned for reporting settlement. Today, the matter posted for admission. Appellant – Dr. R. Prema Kumari has filed an undertaking affidavit before this Court after serving copy of the same to the counsel for Respondent no.1. The appellant – defendant no.1 undertakes to vacate and deliver vacant possession of the suit schedule premises to the respondent within one year from this date. The affidavit dated 28.7.2017 reads under:
“ I, Smt. Dr. R. Prema Kumari W/o H.N. Danesh Aradhya, aged about 35 years, R/o No.11/10 (2/11), Sri Vinayaka Ground Floor, Jayanagar, Bengaluru-560011, do hereby solemnly affirm and state on oath as follows:
1. I am the appellant in the above case and I know the facts of the case. Hence I am swearing to this affidavit.
2. I state that in the above appeal I have challenged the Judgment and Decree dated 25.8.2016 in O.S.No.9387/2013 passed by the XXII Additional City Civil and Sessions Judge, Bengaluru.
3. I state that today the above appeal is listed for admission before this Hon’ble Court as per the consent of both the parties/ counsels and as per the direction of this Hon’ble Court I the appellant undertakes before this Hon’ble Court to vacate the suit schedule premises immediately after completion of one year from this date without fail and hand over the vacant possession to the respondent.
4. I submit that I humbly request that this Hon’ble Court kindly may refund the court fee paid on the appeal memo in the above case.
Wherefore I humbly prays that this Hon’ble Court may kindly be pleased to dispose of the matter in terms of the above mentioned, in the interest of justice and equity.
I the deponent do hereby verify that, what is stated above are true to the best of my knowledge, belief and information.
Bangalore Date:28.7.2017 Identified by me Sd/- Sd/-
Advocate Deponent”
3. The affidavit of undertaking filed is placed on record.
4. In view of the above, Regular First Appeal is disposed of in terms of the affidavit of undertaking dated 28.7.2017. The appellant shall vacate and deliver vacant possession of the suit schedule property in question to the respondent no.1 on or before 29th July 2018 without driving the decree holder for further execution proceedings.
5. The matter is settled between the parties before admission. Office is directed to refund the Court fee as contemplated under the provisions of the Karnataka Court- Fees and Suits Valuation Act, 1958.
Sd/- JUDGE Gss/-